KW Economics prepares intellectual property damages analysis for partnership and shareholder dispute cases venued in Texas: what the loss claim consists of, the records that drive it, and a present value built to Texas damages rules and venues. Plaintiff and defense.
In an owner dispute the intellectual property question is usually who took what: a departing partner, member, or shareholder who used the company's trade secrets, customer information, or technology in a competing venture, or a controlling owner who moved the company's patents, marks, or software into an entity the owner holds separately. The economist measures the company's actual loss from the diverted sales and customers, the competing venture's profits attributable to the information, and, where those are hard to isolate, a reasonable royalty for the use, net of any overlap, and coordinates the measure with any valuation of an owner's interest, so the same lost earnings are not counted both as damages and as a reduction in the value of the interest.
Economic analysis and expert testimony on damages in patent, trademark, copyright, and trade secret cases and in license and royalty disputes, for the patentee or the accused infringer and for either side of every other claim. The work measures each remedy the governing statute allows: a reasonable royalty and the patentee's lost profits, including price erosion, apportioned to the patented feature; the defendant's profits, the owner's actual damages, and corrective advertising in a trademark case; actual damages and the infringer's profits in a copyright case, where the infringer carries the burden of its deductible expenses and of the profit owed to other factors; and actual loss, unjust enrichment, or a reasonable royalty for a misappropriated trade secret.
The valuation date and the standard of value control the result: a fair value standard may exclude the minority and marketability discounts that a fair market value standard applies, and the gap between the two can be substantial for a minority interest in a closely held company. Normalizing adjustments to owner compensation and related-party dealings often decide whether the business shows earnings to value at all. Where the claim includes diverted profits, the amount depends on how far back the records permit reconstruction and on whether the business's actual results can be separated from market conditions.
Texas trial courts act as gatekeepers for expert testimony and ask whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied to the facts of the case rather than to assumptions the record does not support. A damages report meets that inquiry by stating each assumption and its source so the analytical gap the court looks for is not there.
Highest court: Supreme Court of Texas. Court system: txcourts.gov.
Federal venues: Northern District of Texas, Southern District of Texas, Eastern District of Texas, Western District of Texas.
Texas reduces a negligence-based award by the plaintiff's share of responsibility and bars recovery once that share exceeds half. Prejudgment interest accrues on past damages from a defined point after the defendant receives notice of the claim, in contract and tort alike, and is not awarded on future damages, so the report separates past from future amounts as of a fixed date. Statutory limits apply to noneconomic damages in health care liability claims while economic damages are unlimited, so the economist's figure enters the case at its full present value.
We issue the final report on the disclosure schedule and provide deposition and trial testimony, critique of the opposing damages analysis, and updated calculations as the court construes any patent claims and the record develops.
In an owner dispute the intellectual property question is usually who took what: a departing partner, member, or shareholder who used the company's trade secrets, customer information, or technology in a competing venture, or a controlling owner who moved the company's patents, marks, or software into an entity the owner holds separately. The economist measures the company's actual loss from the diverted sales and customers, the competing venture's profits attributable to the information, and, where those are hard to isolate, a reasonable royalty for the use, net of any overlap, and coordinates the measure with any valuation of an owner's interest, so the same lost earnings are not counted both as damages and as a reduction in the value of the interest.
Texas trial courts act as gatekeepers for expert testimony and ask whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied to the facts of the case rather than to assumptions the record does not support. A damages report meets that inquiry by stating each assumption and its source so the analytical gap the court looks for is not there. Partnership and Shareholder Dispute cases venued in Texas are heard in the District Court (General jurisdiction; civil cases above the justice court threshold, felonies, domestic relations) and the County Court at Law (Statutory courts; mid-sized civil cases, misdemeanors), with final appeals to the Supreme Court of Texas. Matters within federal jurisdiction proceed in the Northern District of Texas, Southern District of Texas, Eastern District of Texas, and Western District of Texas.
Texas reduces a negligence-based award by the plaintiff's share of responsibility and bars recovery once that share exceeds half. Prejudgment interest accrues on past damages from a defined point after the defendant receives notice of the claim, in contract and tort alike, and is not awarded on future damages, so the report separates past from future amounts as of a fixed date. Statutory limits apply to noneconomic damages in health care liability claims while economic damages are unlimited, so the economist's figure enters the case at its full present value. The report presents past and future amounts separately, states every rate and table with its source, and shows the result under the alternatives the other side is likely to argue, so counsel can apply the Texas rules to a documented figure.
Request a consultation on IP Damages or call (201) 343-0700. Plaintiff and defense counsel.